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Thursday, May 25, 2023 8:00 PM

An unstamped arbitration agreement exigible to stamp duty, is not enforceable: Supreme Court

In a recent decision, the Constitution Bench of the Supreme Court of India ("Supreme Court") answered issues referred to it in the case of Ms N.N

Thursday, May 25, 2023 8:00 PM

Hitting the Bull’s Eye

The UK Court of Appeal has provided clarity on the important issue of whether the one-year time bar under Article III Rule 6 of the Hague-Visby Rules

Thursday, May 25, 2023 8:00 PM

Defects in authorisations for signing pleadings in arbitration proceedings are curable

A Division Bench of the Bombay High Court ("Bombay HC") has in Palmview Investments Overseas Limited v. Ravi Arya & Ors. Inter alia held that an

Wednesday, May 24, 2023 8:00 PM

New Jersey Determines That Class Action Waiver Untethered To An Arbitration Agreement Is Unenforceable

In Pace, et al. V. Hamilton Cove, Case No. A-0674-22 (N.J. Super. Ct. App. Div. May 18, 2023), the New Jersey Superior Court, Appellate Division

Wednesday, May 24, 2023 8:00 PM

Is Your Arbitration Clause Appealing? No Appeal Available where Clause Says Dispute is “Finally Settled” by Arbitration

Subsection 45(1) of the Ontario Arbitration Act, 1991 (the "Act") provides that if an arbitration clause does not deal with appeals on questions of

Wednesday, May 24, 2023 8:00 PM

Insufficiently stamped agreement and the defeat of arbitration!

Expeditious and efficacious dispute resolution is essential for creating a business-friendly environment. In its 246th Report, the Law

Wednesday, May 24, 2023 8:00 PM

APAC and Africa: ‘bright spots’ in the global economy

APAC and Africa are diverse and multifaceted regions. APAC is set to contribute 70 of global growth whilst Africa is showing remarkable resilience

Wednesday, May 24, 2023 8:00 PM

Stamp Of Invalidity Or Separate But Equal? The Indian Supreme Court Says: If Unstamped, Agreement Cannot Be Acted Upon

In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its

Wednesday, May 24, 2023 8:00 PM

Confidentiality versus Transparency in International Arbitration: Where to Draw the Line? French Law Perspective

This is the fourth and final article in Clyde & Co’s latest international arbitration series covering the topic of confidentiality in international

Wednesday, May 24, 2023 8:00 PM

Is the law governing of your arbitration agreement clear?

Anupam Mittal v Westbridge Ventures II Investment Holdings 2023 SGCA 1 highlights the importance of expressly stating the law governing the

Wednesday, May 24, 2023 8:00 PM

山重水复处柳岸花明时漫谈某生物科技跨境纠纷案

近年来随着中国生物科技行业的迅猛发展及中国在生物技术领域影响力的日益增长中国内地企业与国外公司展开了广泛的研发合作

Wednesday, May 24, 2023 8:00 PM

Online Dispute Resolution: A Game Changer

As online commerce has grown, so has the necessity for a dispute resolution system to handle any disagreements that may arise. In 1996, researchers

Wednesday, May 24, 2023 8:00 PM

UK: New ACAS Guidance on Reasonable Adjustments for Mental Health

The Advisory, Conciliation and Arbitration Service (ACAS) recently published new non-statutory guidance, which can be accessed here, to support UK

Wednesday, May 24, 2023 8:00 PM

Swiss Supreme Court finds nexus to Switzerland required for enforcement of ICSID award against foreign state assets

In Decision 5A_4062022, the Swiss Supreme Court rejected an appeal against the decision of a cantonal court that had refused to attach assets of the

Wednesday, May 24, 2023 8:00 PM

Arbitration. Enforcement of Arbitration Clause. District court finds international arbitration clause enforceable notwithstanding state anti-arbitration law and preemption under McCarran-Ferguson Act.

Plaintiff Foresight Energy, LLC ("Foresight Energy") is a coal producer that owns and operates mining complexes. Foresight Energy carried all-risk

Wednesday, May 24, 2023 8:00 PM

Writ jurisdiction not bound by 'seat' of arbitration

In an arbitration agreement, parties can agree on a 'seat' and 'venue'. The 'seat' in arbitration law refers to the legal jurisdiction

Wednesday, May 24, 2023 8:00 PM

Enforcement of intra-EU awards: current outlook

Since our last update on the issue in late February 2023, further decisions on the enforceability of intra-EU investor-State awards came to light

Wednesday, May 24, 2023 8:00 PM

Arbitration agreement, which is part of an unstamped contract, has no existence

In the recent case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd (Judgment dated 25 April 2023), the Supreme Court held that

Wednesday, May 24, 2023 8:00 PM

Arbitration. Confirmation of Award. Subject Matter Jurisdiction. District court holds that challenges to arbitral award that could have been raised before arbitration panel do not serve to strip courts of subject matter jurisdiction.

Doraleh Container Terminal SA ("DCT"), a Djiboutian Joint Venture between Djibouti's port authority, Port de Djibouti SA, and DP World Djibouti ("DP

Tuesday, May 23, 2023 8:00 PM

Who watches the watchers? - German court grants an anti-anti-anti-suit injunction in respect of a dispute over enforceability of an ICSID award

In a 2 May 2023 judgment, the Higher Regional Court of Hamm issued an injunction enjoining the German investors, RWE Innogy GmbH and RWE Innogy Aersa

Tuesday, May 23, 2023 8:00 PM

The Saudi Center for Commercial Arbitration Publishes the Second Edition of its Rules

The Saudi Center for Commercial Arbitration (SCCA) has published the second edition of its Arbitration Rules, which came into effect on May 1, 2023

Tuesday, May 23, 2023 8:00 PM

The Second Law Commission's Consultation Paper on Reforming The Arbitration Act 1996

The second consultation by the Law Commission on reforms to the Arbitration Act 1996 (the Act) has just closed. The Law Commission’s consultation

Tuesday, May 23, 2023 8:00 PM

Abu Dhabi Court upholds out-of-scope award and indirect arbitration claims

A recent case from the Abu Dhabi Cassation Court serves as an exemplary canvas on which several key arbitration concepts were explored, particularly

Tuesday, May 23, 2023 8:00 PM

PAGA Paraphrased - Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)

The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA

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